John Oliver addressed the expansion of fetal personhood legislation during his HBO program, exploring how these laws define legal protections for fetuses and embryos across much of the United States.
Approximately one-third of US states have enacted fetal personhood statutes, granting legal rights to fetuses in some instances and embryos in others. The consequences have been substantial, with hundreds of women reportedly losing custody of their children due to circumstances connected to their pregnancies. Oliver highlighted specific cases, including an Ohio woman charged with abuse of a corpse following a miscarriage and an Alabama woman charged with manslaughter after miscarrying following a shooting.
Oliver traced the concept’s origins within the anti-abortion movement to at least 1984, when Ronald Reagan stated that an unborn child receives constitutional protection. The Supreme Court had previously rejected fetal personhood when deciding Roe v. Wade in 1973, though it acknowledged state interests in protecting potential fetal life. Following the 2022 Dobbs decision, which eliminated federal abortion protections, state legislators pursued fetal personhood measures with increased intensity.
Fetal personhood laws have created mechanisms for criminalizing conduct during pregnancy, including substance use and alcohol consumption. Oliver detailed how hospitals conduct drug tests on pregnant women without consent in numerous states, with at least 27 requiring notification to child protection services for positive results. A 2025 report documented approximately 70,000 mothers flagged to police over a six-year period, with numerous cases involving false positives and flawed testing, including instances where pregnant women tested positive for opiates after consuming poppy seeds.
Oliver noted additional implications of fetal personhood statutes, including investigations and criminal charges stemming from miscarriages and stillbirths. He also raised concerns about the logical consequences for in vitro fertilization clinics, which produce multiple embryos as part of standard procedures. Oliver concluded that fetal personhood legislation effectively removes women’s autonomy and bodily rights during pregnancy.
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